Court : Uttaranchal
Decided on : Dec-01-2009
..... , this writ petition, filed before allahabad high court in 1995, from where it is received by transfer to this court under section 35 of the u.p. re-organization act, 2000, for its disposal.4. a counter affidavit has been filed on behalf of the respondents in which it is stated ..... authorities to reject his case of disability pension claimed by the petitioner. annexure c.a. 4 filed with the counter affidavit further shows that the medical board has certified 30% of disability on account of id affective psychosis (hypomanic) 296 for two years. but, the respondent authorities appear to ..... service except as physical disabilities noted or recorded at the time of entrance.(b) in the event of his subsequently being discharged from service on medical grounds any deterioration in his health which has taken place is due to service....7. rule 14 of entitlement rules for casually pensionary awards, ..... affidavit. lastly, it is stated that the claim of disability pension of the petitioner was rejected by respondent no. 4 only after consultation with the medical advisor (pension). however, it is admitted that the petitioner's disease was detected only when he was admitted in inhs kalyani on 11th december ..... medical examination prior to acceptance for service the disease will not be deemed to have arisen during service.(c)....8. from the perusal of the impugned orders passed by the authorities concerned, it appears that they have not paid any heed to the aforesaid rules. apart from this, annexure -2 .....Tag this Judgment!
Court : Uttaranchal
Decided on : Oct-28-2009
Reported in : AIR2010Utr18
..... with his/her other spouse, it does make out a ground for decree of divorce as mentioned in clause (iii) of sub-section (1) of section 13 of hindu marriage act, 1955, read with the explanation to the said clause. in the present case, the petitioner has successfully proved that his wife ..... (appellant) on 23-4-2002 according to hindu rites. a son was born out of wedlock on 12-2-2003. the present respondent baldev singh filed a petition under section 13 of hindu marriage act, 1955 against his wife sheela (present appellant) before the trial court, alleging that the appellant suffers from ..... w. 1 sheela herself has admitted in her examination-in-chief that she was suffering from mental illness. her illness is also proved from the medication prescriptions brought on record, before the trial court. therefore, having reassessed the evidence on record, we concur with the findings recorded by the trial ..... submission of learned counsel for the appellant and also went through the aforesaid case law. it is true that every mental disorder or every degree of mental disorder cannot be said to be a sufficient ground for granting a decree of divorce but where the petitioner successfully proves that the ..... :(i) whether the respondent (wife) was suffering from illness as alleged in the petition and unable to perform the conjugal duties, if so its effect.(ii) whether the respondent (wife) deserted her husband, if so its effect.(iii) whether the respondent (wife) has treated the petitioner with cruelty, if .....Tag this Judgment!
Court : Uttaranchal
Decided on : Jul-15-2009
Reported in : (2009)226CTR(Uttranchal)582; 184TAXMAN264(NULL)
..... appeal by the revenue. 7. before further discussions, we think it proper to mention the relevant provisions of law applicable to this case. section 2(15) of the act reads as under:charitable purpose' includes relief of the poor, education, medical relief and advancement of any other object of general public utility.it is pertinent to mention here that earlier expression 'not involving the ..... ]188itr57(sc) , in which the apex court has held as under:where, therefore, the purpose of a trust or institution is relief of the poor, education or medical relief, the requirement of the definition of 'charitable purpose' would be fully satisfied, even if an activity for profit is carried on in the course of the actual carrying out of the primary purpose ..... must not involve the carrying of any activity for profit. so long as the purpose does not involve the carrying on of any activity for profit, the requirement of the definition would be met and it is immaterial how the monies for achieving or implementing such purpose are found, whether by carrying on an activity for profit or not.having gone ..... . (again the expression is restored vide finance act 2008 w.e.f. 01.04.2009 with a proviso to it.) it is argued on behalf of the respondent that expression 'education' is not qualified in the definition of expression 'charitable purpose.' it is contended that therefore, any society having its object to impart education can be said to have a charitable purpose .....Tag this Judgment!
Court : Uttaranchal
Decided on : Jun-12-2009
Reported in : 181TAXMAN205(NULL)
..... think it just and proper to mention the relevant provision of law applicable to the case. section 2(15) of the act, reads as under: charitable purpose' includes relief of the poor, education, medical relief and advancement of any other object of general public utility. in the aforesaid definition of the charitable purpose, expression 'education' is not qualified. that being so, any society ..... 2001, 2001-2002 and 2002-2003 and concluded that assessee society is not carrying any charitable activity within the meaning of section 2(15) of the act, as it was in a profit making business. consequently, application for registration under section 12aa of the act was rejected. aggrieved by said order, the assessee preferred ita no. 4278/del/2004, before income tax appellate tribunal ..... in mcd v. children book trust manu/sc/0687/1992 : 2scr535 , we are unable to agree with the itat that since word 'education' is not qualified in section 2(15) of the act, as such, every application received by a society, who is engaged in the business of imparting 'education' is bound to be registered under ..... /respondent-national institute of aeronautical engineering educational society, was allowed against the order dated 14.09.2004, passed by commissioner of income tax, dehradun, under section 12aa(1)(b)(ii) of income tax act, 1961. 2. heard learned counsel for the appellant. none appeared on behalf of the respondent/assessee even after being sufficiently served with the notices. affidavit of service is .....Tag this Judgment!
Court : Uttaranchal
Decided on : May-15-2009
Reported in : 2009(4)AWC4176
..... -xi.explanation. - for the purposes of this clause, microprocessor chip shall have non-volatile rewritable memory capacity of minimum 4 kilo byte consisting of application data, file headers, security definitions, and a maximum of 350 bytes for operating system interfacing, as specified by the ministry of road transport and highways from time to time for driving licence and registration certificate ..... to the states that they can allow more capacity in view of their requirements. thereafter central motor vehicles (third amendment) rules, 2002, were passed wherein rule 2 (s) was inserted defining the expression 'smart card'. (said definition was amended later vide amendment rules, 2003 and amendment rules, 2004). after the said amendment in the rules, respondent no. 1 decided to implement the ..... is further submitted that the respondents no. 1 to 3, should have invited the tenders before giving contract of work, through open bidding. by not doing so, the respondents have acted in an unfair and arbitrary manner, as such, the action on the part of respondents no. 1 to 3, is violative of article 14 of constitution of india.11. attention ..... be done by respondent no. 3 itself.15. for the reasons, as discussed above, this court finds that there is no illegality on the part of respondents no. 1 and 2 in getting the work done of smart card based driving licences, vehicle registration certificates etc. through respondent no. 3 with assistance of respondent no. 4. accordingly, the writ petition .....Tag this Judgment!
Court : Uttaranchal
Decided on : Nov-18-2009
Reported in : 2010(1)AWC404(UHC)
..... das, who dedicated it to the trust for religious purposes. in the year 1972, the then mahant / manager filed an application under section 7 of charitable and religious trust act, 1920, before the district judge, saharanpur (earlier haridwar was part of district saharanpur), seeking permission of the court to let out 73 ..... the additional pleas of the written statement it is also stated at the end of the written statement that suit is barred by section 34 and 41 of the specific relief act, 1963, and that the suit is also barred by order vii rule 14 of the code of civil procedure, 1908.7. ..... impugned order dated 23.05.2009, allowed the application (7-c) moved by the plaintiff for appointment of receiver under order xl rule 1 read with section 151 of the code of civil procedure, 1908. by the impugned order, the trial court appointed vijay sharma, advocate and ramesh chand nankani, advocate, ..... not being a party to the suit'[notification no. 2875 / 35(a) -5(2); 10-7-1943][above high court amendment is applicable to the state of uttarakhand under section 86 of the u.p. re- organisation act, 2000 (central act no. 29 of 2000.] from the above provision of law it is clear that ..... in the circumstances, case of plaintiff / respondent no. 1 cannot be rejected on the basis of information (copy annexure r.a. 2 to the rejoinder affidavit) received under right to information act from the office of the deputy registrar, firms, societies and chits, haridwar that there is no copy of the will available in .....Tag this Judgment!